It began like many stories of misplaced affection and deceit. A young woman was promised love, care, and a life full of dreams. But those promises soon turned into manipulation, pressure, and fear. One day, she was taken away against her will — not to a safe haven, but to a place where she was told she must marry a man she never consented to. This tragic yet common narrative finds its place in the criminal law of India under Section 87 of the Bharatiya Nyaya Sanhita, 2023 (BNS) — a provision that protects women from being kidnapped, abducted, or compelled into marriage or illicit sexual acts against their consent.
This section is one of the most significant legal provisions under the BNS that aims to safeguard the autonomy, dignity, and free will of women in India. It ensures that no woman is forced, threatened, or deceived into marriage or sexual exploitation under any pretext, be it emotional manipulation, authority, or criminal intimidation.
Understanding Section 87 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 87 BNS provides that:
“Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
The section further adds:
“Whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.”
This provision, similar to Section 366 of the Indian Penal Code (IPC), focuses on protecting women from abduction or coercion intended to force them into marriage or sexual exploitation.
Key Ingredients of the Offence under Section 87 BNS
To establish the offence of kidnapping or abducting a woman to compel her marriage, the following essential elements must be proved:
- Kidnapping or Abduction:
The accused must have kidnapped or abducted a woman, meaning that she was taken away from her lawful guardianship or from one place to another without her free consent. - Intention or Knowledge:
The accused must have acted with the intent that the woman may be compelled to marry someone against her will, or that she may be forced or seduced to illicit intercourse. - Lack of Consent:
The woman must not have given her voluntary consent to the act of being taken or induced. Her movement must have been influenced by force, deceit, compulsion, or intimidation. - Means Used:
The act may be done through force, threat, abuse of authority, or any method that compels or manipulates her will. - Mens Rea (Guilty Mind):
The accused must have knowledge or reason to believe that the woman would be compelled to marry or be forced into sexual intercourse against her will.
Objective and Rationale of Section 87 BNS
The objective behind enacting Section 87 BNS is to safeguard the dignity, liberty, and freedom of women. The law recognizes that forcing a woman into marriage or illicit intercourse violates her fundamental right to personal liberty and bodily autonomy under Article 21 of the Indian Constitution.
This provision plays a crucial role in:
- Protecting women from forced marriages, often used as a tool of social, financial, or personal coercion.
- Preventing sexual exploitation under the guise of love, protection, or authority.
- Ensuring that women have the freedom to choose their partners and that no person can use manipulation or deceit to take away this right.
Illustration (Based on the Opening Story)
A young woman is befriended by a man who promises her marriage and a secure future. After gaining her trust, he convinces her to meet him in another city. Once there, she realizes she has been misled. Her phone is taken away, and she is told that she must marry a man chosen by the group who organized the deception. Her refusal leads to threats and isolation.
This incident perfectly fits the offence under Section 87 BNS — as it involves inducement, deceit, and compulsion to force the woman into a marriage she does not consent to. The offender is liable to imprisonment of up to ten years and fine.
Legal Explanation of Terms
- Kidnapping:
As defined under the BNS, kidnapping means taking or enticing a person away from their lawful guardianship without the guardian’s consent. - Abduction:
Abduction is defined as compelling or inducing a person by deceitful means to go from one place to another. - Compulsion to Marry:
This refers to forcing a woman to enter into a marriage through intimidation, threat, deceit, or abuse of power. - Illicit Intercourse:
It refers to any sexual act that is not legally recognized or consented to by the woman, often amounting to sexual exploitation or rape.
Scope of the Section
Section 87 BNS is gender-specific, meaning it applies when the victim is a woman. The offender can be any person — male or female — who kidnaps, abducts, or induces a woman for the unlawful purposes mentioned in the section.
The section covers the following situations:
- Kidnapping or abduction for forced marriage
- Kidnapping or abduction for sexual exploitation
- Inducement through intimidation or authority for illicit intercourse
It applies equally whether the intention is to compel marriage directly or to use marriage as a pretext for sexual exploitation.
Punishment under Section 87 BNS
The punishment prescribed is:
- Imprisonment of either description for up to 10 years, and
- Fine
The severity of the punishment reflects the gravity of the offence, emphasizing the law’s intent to deter such acts that violate a woman’s autonomy and dignity.
Judicial Interpretation and Case Laws
Several important judgments under the old Section 366 IPC (now replaced by Section 87 BNS) shed light on how courts interpret such offences:
- Sham Singh v. State of Haryana (AIR 1977 SC 1712):
The Supreme Court held that it must be proven that the accused intended that the woman be compelled to marry or engage in illicit intercourse. Mere abduction without this intent does not constitute the offence. - Laxman Kalu Nikalje v. State of Maharashtra (AIR 1968 SC 1390):
The Court clarified that if the woman voluntarily goes with the accused without inducement or compulsion, no offence under Section 366 IPC is made out. - Raju v. State of Haryana (2010) 3 SCC 235:
The Court emphasized that even if a woman initially consents, if later she is forced or coerced into marriage or intercourse, the accused can be convicted under this provision. - Abdul Sathar v. State of Kerala (AIR 1992 Ker 204):
It was held that inducement through deception, such as false promises of marriage, may constitute an offence under this section when the deceit results in the woman being taken from her lawful guardianship for unlawful purposes.
These judgments highlight that intention and consent are the key deciding factors in cases under Section 87 BNS.
Distinction Between Kidnapping and Abduction
| Aspect | Kidnapping | Abduction |
|---|---|---|
| Nature | A completed act of taking away from lawful guardianship | A continuous act of moving from one place to another |
| Consent | Consent of the minor or victim is irrelevant | Consent is relevant; must be obtained through deceit or compulsion |
| Purpose | Not necessary to prove unlawful purpose | Unlawful purpose is essential |
| Age Factor | Generally applies to minors | Applies to persons of any age |
| Section in BNS | Covered under Section 135 and related sections | Covered under Section 136 and connected provisions |
Section 87 BNS specifically combines both — kidnapping and abduction — when the intent is to compel marriage or induce illicit sexual activity.
Role of Consent and Intention
Consent is the cornerstone of this law. The law presumes that a marriage or sexual relationship must be based on free will and informed choice. Any act where a woman’s consent is obtained by threat, force, deceit, or abuse of power is treated as no consent at all.
Similarly, the intention of the accused plays a vital role. If the purpose behind the abduction or inducement is marriage or sexual exploitation, the offence is complete even if the marriage does not actually occur or sexual intercourse does not take place.
Social Importance of Section 87 BNS
This section holds great importance in contemporary society for several reasons:
- Protection Against Forced Marriages:
It prevents women, especially young girls, from being married off against their will — a practice still prevalent in some areas under social or family pressure. - Safeguard from Exploitation:
Many offenders use love, promises, or authority to deceive women for sexual exploitation. This section helps protect victims from such manipulation. - Reinforcing Women’s Autonomy:
The provision upholds a woman’s fundamental right to choose her partner and refuse unwanted advances, protecting her dignity and liberty. - Deterrence Against Criminal Intimidation:
The inclusion of “abuse of authority” and “criminal intimidation” ensures that even those in positions of power cannot misuse their influence to exploit women.
Exceptions and Defenses
An accused may defend against the charge under Section 87 BNS if they can prove:
- The woman voluntarily accompanied them without any compulsion or deceit.
- There was no intent to compel her to marry or engage in illicit intercourse.
- The alleged victim was of majority age and made an independent decision.
- There was no use of threat, intimidation, or abuse of authority.
However, such defenses must be proven beyond reasonable doubt, as courts scrutinize these claims carefully in light of the woman’s testimony and circumstances.
Conclusion
In essence, Section 87 of the Bharatiya Nyaya Sanhita, 2023, is a vital legal safeguard protecting women from being kidnapped, abducted, or compelled to marry or engage in illicit intercourse against their will. It criminalizes not only physical coercion but also psychological manipulation, deceit, and misuse of authority.
This law is a reflection of India’s constitutional commitment to protect women’s dignity, autonomy, and freedom of choice. Every woman has the right to choose whom she marries and how she lives her life. Any act that attempts to rob her of that choice is not just a moral wrong but a serious criminal offence.
The imagined story at the beginning serves as a reminder that coercion — whether through love, force, or authority — has no place in a lawful or just society. Section 87 BNS ensures that no woman becomes a victim of forced affection, deceitful promises, or manipulative power, thereby upholding the true spirit of justice and equality under Indian law.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304